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the litigation links page - litigation for compensation in Louisiana and beyond!
There is no question that litigation over the failure to provide adequate resources for Public Defense has its place. While Public Defenders generally see this as long-term and not dramatically effective, other organizations have made litigation their mantra.
So we have compiled some web news on the phenomena.
In Louisiana, the Wigley-Higgenbotham litigation is often cited as a watershed for funding. In fact, the efforts of Chief Justice Calogero in getting compromise and creating a consensus State Supplemental Board was much more important. But Louisiana Lawsuits are expected in 2003, and the big push has fallen flat, as a recent National Association of Criminal Defense Lawyers meeting confirmed once again. We continue to babble about form when the substance is the basic American Greenback.
The ACLU is actively promoting litigation as a response to P D problems.
Washington State is struggling with standards of performance and funding issues, with courts and county government fighting over who gets the task.
NLADA seems to be more effective in approaching the problem as a funding issue, not a "structural" issue. In a Nevada NLADA Study, the district was simply advised that funding is the problem. An ethics opinion dealing with caseloads indicates its unethical to simply accept excessive caseloads, according to the Counsel of Chief Defenders.
STATEWIDE SOLUTIONS? Well, don't use KENTUCKY as an example. They are almost on strike because the statewide budget has been cut below reasonable levels. In Mississippi, legislators say there's no money for a statewide system, despite claims that PD's are underfunded on the District level, and also in spite of lawsuits filed there back in 2000 and raise the same legal issues regarding "state responsibility" for the mandate of Gideon. How about a 10 million dollar shortfall for the Wisconsin State Defender?
NO JOKE, the Spangenburg group cites court costs an intake fees as "new revenue" beyond the standard "general fund".
The OREGON Statewide defender was slashed 10 million dollars, evidence that its not the "statewide vs district" format that's the problem.
Come back soon for more updates.